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Former ACT top prosecutor Shane Drumgold has filed legal action against the board of inquiry that made damning findings about his conduct in the high-profile Bruce Lehrmann trial and selectively leaked its report to the media.

Drumgold’s action against the “Board of Inquiry – Criminal Justice System and Others” is the latest in a string of legal proceedings to have emerged from the Lehrmann case. It is named on the ACT Supreme Court list for September 14, but the listing contains no further details.

Outgoing ACT director of public prosecutions Shane Drumgold.Credit: Alex Ellinghausen

ACT Chief Minister Andrew Barr on Tuesday morning said he had been advised that Drumgold had commenced legal proceedings related to the content of the board of inquiry’s report.

“But those proceedings are yet to be served on the Territory. Accordingly, it is not appropriate for me to make further comment in relation to the findings of and processes associated with the report and its release,” he said.

Former judge Walter Sofronoff headed the inquiry into how Drumgold, then director of public prosecutions, dealt with the trial of Lehrmann, a former political staffer who was accused of sexually assaulting his former colleague Brittany Higgins in 2019.

Lehrmann denied the allegations and the trial was aborted due to juror misconduct. Drumgold decided against a retrial last year due to concerns over Higgins’ mental health.

The ACT government later commissioned Sofronoff to lead the inquiry into how the trial was conducted, following a dispute between Drumgold and the police about the investigation.

Sofronoff was highly critical of Drumgold’s conduct. He found the top prosecutor lied to the Supreme Court in the lead-up to the trial and improperly questioned former Coalition minister Linda Reynolds on the stand.

However, Sofronoff’s inquiry was itself brought into disrepute when it emerged the former judge selectively leaked a copy of his final report to journalists before handing it to the ACT government. Sofronoff also briefed journalists throughout the inquiry.

Drumgold accused the inquiry of denying him procedural fairness and disputed many of the probe’s findings, but resigned from his high-profile role. He denied acting dishonestly or underhandedly.

His fresh legal proceedings against the board of inquiry are the latest in a series of legal actions to result from the Higgins case – including a criminal trial and several defamation suits.

Drumgold will not be able to practise as an ACT barrister when his resignation takes effect next month because his practising certificate, which is tied to his title, will no longer be valid.

Neither Drumgold nor Sofronoff had responded to a request for comment on Tuesday morning.

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